There is hereby created the position of city planning administrator. The city planning administrator shall be appointed by the mayor and the appointment confirmed by the council.

The city planning administrator, throughout this title referred to as administrator, shall administer the provisions of this title and provide assistance and guidance to the commission and the council, and in addition, shall have the following duties:

   A.   Advise interested persons of the zoning title provisions.

   B.   Aid and assist applicants in the preparation and expedition of required applications.

   C.   Issue zoning permits, certificates of occupancy, notifications and such similar administrative duties.

   D.   Investigate all violations of this title and notify in writing the person responsible for such violations, ordering the action necessary to correct such violation.

   E.   Whenever there is doubt as to a classification of use not specifically mentioned in this title, the determination shall be made by the administrator. Such determination shall be based upon detailed description of the proposed use and such other information as may be required. The administrator shall make such investigations as are necessary to compare the nature and characteristics of the proposed use with those of listed uses in the various districts, and shall determine that the use is, in all essentials, pertinent to the objectives of this title of the same character as a use listed as allowed or as a special use permitted in one of such specified district or districts. No use added by such administrative determination shall permit in any district a use that is a special use permitted in such districts or in any less restricted district, nor shall same permit a use that is an allowed use in a less restrictive district. The determination of the administrator shall be final unless an appeal is made as hereinafter provided.

   F.   Appeals to the commission concerning the administrator's interpretation and administration of this title may be taken by any person aggrieved by a decision of said administrator. Said appeal shall be taken within fifteen (15) days after the decision of the administrator by filing with the administrator a notice of appeal specifying the grounds upon which the appeal is to be taken. The administrator shall transmit to the commission the appeal and all papers constituting the record upon which the appeal is based.

Upon receipt of an appeal from the action of the administrator the commission shall, after publishing notice in a newspaper and giving written notice to all parties concerned at least fifteen (15) days in advance, hold a public hearing. The commission's determination shall be final unless appealed to the council within the same time and pursuant to the same procedure set forth above. (Ord. 542, 2007)

There is hereby created a planning and zoning commission and throughout this title is referred to as the commission. The commission shall be constituted and shall function according to the bylaws herein set forth and shall have all of the power or authority to consider ordinances or to recommend amendments to or repeal of any portion of this title. The commission shall provide guidance and assistance to the council, holding public hearings as required by law, and shall grant or deny applications presented to the commission, and shall make timely written recommendations to the council in all matters relating to this title in which the council has final decision making powers. Any action taken by the commission which would be final unless appealed may be reviewed and heard by the council when an appeal is not made but the council determines, within fifteen (15) days of commission action, that there may be significant adverse impact as a result of the commission action. (Ord. 542, 2007)

The following organizational bylaws for the planning and zoning commission are hereby adopted and the same shall be considered an integral part of this title and functional guidelines for said commission:

   A.   Creation And Purpose: There is hereby created a planning and zoning commission for the city of Kimberly, Idaho. In fulfilling the powers and duties by law conferred upon the commission, the commission shall, among other things, bear in mind the following considerations:

      1.   The protection of property rights and property values.

      2.   Public facilities and service costs.

      3.   The effect on the economy of the city of Kimberly, Idaho.

      4.   Environmental considerations.

      5.   Effects on prime agricultural, forestry and mining lands.

      6.   Organized and planned urban development within the city of Kimberly, Idaho.

      7.   The avoidance of undue concentration of population and overcrowding of land.

      8.   Land development compatible with land characteristics.

      9.   The protection of life and property in areas subject to natural hazards and disasters.

      10.   The protection of fish, wildlife, and recreational resources.

      11.   The avoidance of water and air pollution.

   B.   Membership And Term: The commission shall consist of five (5) voting members, all appointed by the mayor and confirmed by the majority vote of the Council. One (1) member will represent the City of Kimberly Area of Impact. The residency requirement in this paragraph is specifically waived for the member representing the Area of Impact. Each member must have resided in the county for two (2) years and must be a resident of the city prior to his appointment, and must remain a resident of the city during his service on the commission. The term of office for members shall be six (6) years. Vacancies occurring otherwise than through the expiration of terms shall be filled in the same manner as the original appointment. Members may be removed for cause by a majority vote of the council. Members shall be selected without respect to political affiliation.

   C.   Organization And Meetings:

      1.   Organization: Each commission shall elect a chairman and create and fill any other office that it may deem necessary. A commission may establish subcommittees, advisory committees, hearing examiners or neighborhood groups to advise and assist in carrying out the responsibilities. A commission may appoint nonvoting ex officio advisors as may be deemed necessary.

      2.   Rules, Records, And Meetings: Written organization papers or bylaws consistent with this title and other laws of the state for the transaction of business of the commission shall be adopted. A record of meetings, hearings, resolutions, studies, findings, permits and actions shall be open to the public. At least one regular meeting shall be held each month for not less than nine (9) months in a year. A majority of voting members of the commission shall constitute a quorum.

   D.   Special Meetings: Special meetings of the commission may be held at such times and at such places as agreed on by at least four (4) members at a regularly scheduled public meeting. Written notice of all such special meetings, including the time, date, and purpose of said meetings shall be provided to all members of the commission, including the alternate members. Provided that written notice of said special meeting may be waived by a member at said special meeting, duly entered and registered in the minutes of such meeting.

No business may be conducted at any such special meeting upon any application or request of any citizen except and unless notice of the request and of the special meeting has been published as required by law.

   E.   Order Of Business: All regular and special meetings of the commission shall be conducted by the chairman in an orderly fashion.

   F.   Vacancies And Removal Of Commission Members: Vacancies occurring other than through the expiration of appointed terms shall be filled in the same manner as the original appointments. A member appointed to fill an unexpired term shall serve the remainder of the unexpired term and may be appointed to one additional full term.

Members may be removed for cause only by a majority vote of the full council.

   G.   Conflict Of Interest: A member of the commission shall not participate in any proceeding or action when the member, his employer, or his employee, business partner or associate, his business, or any person related to him by affinity or consanguinity within the second degree, has an economic interest in the procedure or action. (Any meeting duly entered and recorded in the minutes, at which the action is being heard or considered.)

   H.   Duties Of Commission: Consistent with the purposes of the commission hereinabove set forth, the commission shall have the following duties together with such other duties as are prescribed by law:

      1.   Initiate proposed amendments to this title and conduct a biennial review of the complete zoning ordinance.

      2.   Review all proposed amendments to this title and make recommendations to the council.

      3.   Conduct a comprehensive planning process designed to prepare, implement, and review and update a comprehensive plan as required by law.

      4.   Review all districts, subdistricts and overlay districts and make recommendations to the council.

      5.   Grant special use permits as specified in this title and under the conditions as herein specified with such additional safeguards as will uphold the intent of this title.

      6.   Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the administrator.

      7.   Authorize such variances from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done.

      8.   Review the city zoning ordinance and any related ordinance and issue an annual report to the city council detailing any necessary changes to said ordinances. Such a report shall be made annually, or such lesser time as the commission desires.

   I.   Public Hearings: The chairman shall preside over and conduct all public hearings on all matters presented to the commission. No public hearings shall be held except and until notice has been provided the public in conformance with the statutes of the state of Idaho made and provided in such case. At such public hearings, the chairman shall present the matter for discussion and may, before the hearing commences, impose a time limit upon each individual who desires to comment.

At the close of all public hearings, the commission shall discuss and decide as hereinafter provided, the matter at issue and shall commit its decision or recommendation to the council in writing and the reasons therefor. If the application is denied, a roll call vote shall be taken on all issues and recorded in the minutes.

   J.   Quorum For The Conducting Of Business And Voting: A majority of the membership shall constitute a quorum for the transaction of business at any meeting of the commission. In constituting a quorum, the alternate member shall not be counted unless the alternate member is sitting with full voting privileges as herein provided.

In the event more than one regular member is absent or not sitting due to a conflict of interest, said member shall not be counted for the purposes of constituting a quorum.

Each member shall be entitled to one vote and the acts of a majority of a quorum present at any regular or special meeting shall be the acts of the commission.

   K.   Final Decisions: All decisions of the commission on issues not requiring the passing of an ordinance shall be final if not appealed to the council within thirty (30) days.

   L.   Bylaws: These bylaws may and shall be amended in the same manner provided for amendments to this title in general.

   M.   Expenditures And Staff: With approval of the council, the commission may receive and expend funds, goods and services from the federal government or agencies and instrumentalities of state or local governments or from civic and private sources and may contract with these entities and provide information and reports as necessary to secure aid. Expenditures by a commission shall be within the amounts appropriated by the council. (Ord. 542, 2007; amd. Ord. 666, 5-25-2021)

The following rules hereby established, shall be observed in the conduct of any public hearing before the city council of the city of Kimberly and the planning and zoning commission of the city of Kimberly, hereinafter referred to as the hearing body. The following rules shall be known as the "Kimberly rules of procedure":

   A.   Prior to opening the public hearing, the presiding officer shall review the public hearing process.

   B.   The applicant shall not make any changes to the application or proposal after publication of the notice of public hearing. If the applicant wishes to make a change to the application after the publication of the notice of public hearing, the applicant shall notify the administrator and the hearing shall be canceled, to be rescheduled after the changes are submitted for staff review.

   C.   All persons permitted to testify or speak before the hearing body at a public hearing shall write their name and residential address thereafter on signup sheets to be provided by the city. This rule shall not apply to staff or technical witnesses directed by the presiding officer to give evidence or information to the hearing body.

   D.   No person shall be permitted to speak before the hearing body at a public hearing until such person has approached the microphone at the podium and been recognized by the presiding officer.

   E.   All public hearing proceedings shall be recorded electronically or stenographically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy.

   F.   Any exhibit introduced by any person shall be retained by the hearing body and made a part of the record therein.

   G.   The applicant will be limited to fifteen (15) minutes for the initial presentation, unless a written request for additional time is submitted prior to the hearing and the hearing body grants the request for additional time. The staff report shall follow the applicant's presentation. Members of the hearing body may then ask questions regarding the application. Testimony from the public may be limited by the presiding officer to no less than two (2) minutes per person. Five (5) or more persons receiving written notice of the public hearing may appoint a person to speak for them, which person shall be limited to fifteen (15) minutes for their presentation. Written comments, including e-mails, shall be either read into the record or displayed to the public on the overhead projector at the completion of public comment. Members of the hearing body may ask questions of any person who has testified. The applicant will be permitted five (5) minutes for rebuttal. After all testimony has been given, the public hearing shall be closed and no additional information may be requested or given, unless the public hearing is reopened.

   H.   The speaker shall not be interrupted by members of the hearing body until his time limit has been expended or until he has finished his statement.

   I.   At the conclusion of a speaker's comments, each member, when recognized by the presiding officer, may be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The presiding officer may limit the time permitted for the answer. The question and answer period shall not be included in the speaker's time limit, as established.

   J.   Any person not conforming to any of the above rules may be prohibited from speaking before the public hearing. Should any person refuse to comply with such prohibition, he/she may be asked to leave the hearing, and thereafter removed from the room by order of the presiding officer.

   K.   The main motion on the application shall be in the affirmative, to approve the application, and may include conditions from the staff report. The main motion may be amended to establish or remove conditions. If the motion passes, the application is approved. If the motion fails, the application is deemed denied. Motions on appeals shall also be in the affirmative to approve the zoning action requested by the applicant.

   L.   The approval or denial of any application requiring a public hearing provided for in this title shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance, or other appropriate ordinance or regulation of the city.

   M.   The approval or denial of any application requiring a public hearing provided for in this title shall be in writing in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon, and explain the justification for the decision based on the criteria, standards and facts set forth. The comprehensive plan, the zoning ordinance, the zoning map, and all prior acts of the hearing body shall be considered, and are a part of the record of any public hearing.

   N.   For those applications that require an ordinance, staff will prepare and place on the next council agenda an ordinance with implementing language including all conditions as specified in the zoning action. The ordinance shall be published at the next available publication date.

   O.   A transcribable verbatim record of the public hearing shall be made and kept for a period of not less than six (6) months after a final decision on the matter. Upon written request and within the time period provided for the retention of the record, any person may have the record transcribed at his expense. (Ord. 542, 2007)

   A.   A provision for mediation is now required by the local planning act. The city will mediate disputes in accordance with Idaho Code 67-6510 adopted in 2000. (Ord. 542, 2007)